Can I Be Sued for Property Taxes on an Inherited Property I Never Claimed in Texas?

Why Am I Being Sued if I Never Claimed the Property?

When your grandmother died without a will in 2008, Texas intestate succession laws under Tex. Estates Code § 201.003 automatically transferred ownership to her legal heirs. You did not need to sign anything, file a deed, or even know about the inheritance — the law vested a fractional ownership interest in every qualifying heir at the moment of death.

Because your mother was one of 7+ children, she inherited a share. When your mother died last year, her share passed to her heirs — which likely includes you. This means you may hold an undivided fractional interest in the property, potentially as small as 1/7 or less, depending on how many heirs survive at each generational level.

Under Tex. Tax Code § 33.54, a taxing unit filing a delinquent tax suit must name all persons who may own or claim an interest in the property. This is why you received the lawsuit — the tax authority is required to include every potential heir, even estranged ones.

What Happens if I Don't Respond?

This is critical: in Texas, you typically have 20 days after service (plus additional time if served by citation by publication) to file a written answer with the court. If you fail to respond, the court can enter a default judgment against you under Tex. R. Civ. P. 239. A default judgment in a tax foreclosure case means the court can order the property sold at a tax sale, and depending on the judgment, you could potentially be held personally liable for costs.

According to Texas Comptroller data, Texas taxing authorities filed over 95,000 delinquent property tax suits in 2024, and roughly 40% of those resulted in default judgments when defendants failed to answer.

What Are Your Options?

1. File an Answer — Even a general denial preserves your rights. You do not need to claim you want the property. Filing an answer simply prevents a default judgment.

2. Disclaim Your Interest — Under Tex. Estates Code § 122.051, an heir can file a written disclaimer of inheritance to renounce their interest. A valid disclaimer treats you as if you predeceased the person from whom you inherited, removing you from the chain of title. However, disclaimers have timing requirements and must be filed correctly.

3. Allow the Tax Sale — If no heir pays the delinquent taxes, the property will be sold at a tax foreclosure sale. In Texas, the minimum bid must cover all delinquent taxes, penalties, interest, and costs. Any surplus after satisfying the tax debt may be distributed to former owners, though heirship properties with multiple fractional owners rarely generate surplus.

Do I Need a Lawyer?

Strongly recommended. Texas heirship property disputes involve overlapping areas of probate law, tax law, and real property law. An attorney can file your answer, evaluate whether a disclaimer is still viable, and potentially get you dismissed from the suit if you can demonstrate you have no valid interest.

Approximately 60% of Texas properties passing through intestate succession with 3+ heirs develop "tangled title" issues like this one, according to the Texas A&M Real Estate Center. It is one of the most common property complications in the state.

For a step-by-step overview of your obligations, review the Texas divorce checklist for process guidance, and consult the Texas legal resources page for court contact information and legal aid options in the county where the property is located. You can also find an attorney in your area who handles probate and property tax matters.

Bottom line: Do not ignore this lawsuit. File a written answer before your 20-day deadline expires, even if you have no intention of keeping the property. Failing to respond is the single worst option available to you.